Published AAO appeal decisions

A resident physician with a bachelor of medicine degree sought NIW for EB-2. The AAO reversed the service center's denial of underlying EB-2 eligibility and remanded for proper analysis of national interest waiver under Dhanasar, finding the service center failed to provide meaningful reasoning.

A physician in general practice and aesthetics sought national interest waiver for EB-2 medical research endeavor. The AAO remanded because the petitioner's proposed endeavor changed materially from vague research to medical clinic franchise, and the Director did not analyze whether the specific endeavor had substantial merit and national importance.

Advanced cardiac imaging fellow sought NIW as EB-2 member of professions with advanced degree. Director found her qualified as advanced degree holder but denied NIW. AAO remanded, finding Director failed to properly analyze the three-prong Dhanasar framework, particularly the prospective impact of proposed research and her positioning to advance it.